Thursday, April 23, 2020

Unfortunately, some hostile parents are taking advantage of
the governor’s stay-at-home orders as an excuse to not let the other parent
have his or her visits, or to not return a child after a visit.

This was wrong at the outset of the COVID 19 emergency, and
since then the courts have made it clear that it is legally wrong.

Travel to visitation for the exchange of children is
considered an “essential activity,” and all parenting plans are to be followed
(unless some new orders emerge).The
court is clear that this game-playing is not to occur.

If it does, then a motion to return the child will have to
be filed electronically, and the court will decide whether the situation is
urgent enough to schedule a telephonic hearing in the near future, or to await
a contempt of court finding, and ordering make-up time, at a later date.

These are hard times that do not need to be made harder by
parents behaving selfishly.

We are Mason Law of Spokane serving Eastern Washington with
aggressive and effective representation in Washington State divorce
proceedings, and we have already been in the thick of the COVID 19 special
procedures.Call us at 1707 West
Broadway in Spokane at (509) 443-3681 for an electronic or telephonic
appointment.

Tuesday, April 7, 2020

What if you are faced with a chance to further your career,
but it means moving out of the state of Washington with your minor child of
whom you have primary care?If an
existing court order gives someone else any visitation rights at all, you must
give that person notice of your plan to move with your child.Understandably, they do not want to have their
child move further way, and they have 30 days to start a court action by filing
a formal objection to your relocation. (Even simply moving to another school
district creates the right to a trial.)

Alternatively, maybe you are the parent who does not have
primary placement, but you do have rights to time with the child under your
parenting plan, and you are the one filing the objection to the relocation. You
have a right to a trial that will occur on the basis of statutory factors
(e.g., like relationship strength, relatives in the area, or unique needs of
the child, among many factors). The parent with primary placement is “presumed”
to be able to move, and the non-primary parent must “rebut” that presumption at
trial, on the statutory factors.

Even parents with 50/50 parenting plans will have a
relocation trial based upon those statutory factors (but without a presumption
in favor of either parent).

The court must show that it has considered all of these
factors, and your task at trial is to present evidence on those factors.Here at Mason Law, in Spokane, WA, we help
you present evidence on all the statutory factors to help lead the Washington
State Family Court to a correct decision. Please give us a call at Mason Law
today.That number is (509) 443-3681.

Tuesday, March 3, 2020

In community property states, of which Washington is one,
the marriage owns all the labor of both persons during the life of the
marriage, and everything purchased by the proceeds of this labor belongs to the
marriage, unless otherwise gifted or contracted away.

And when the court turns to “characterizing” property as
separate or community property, the court looks to the “source of funds” with
which the property was purchased.In
short, if you cannot “trace” a separate property source for the purchase, then
the purchase is presumed to be made with community funds, and the asset is
presumed to be community property. “Title” (whose name it is in) does not
matter.

Of course, there are exceptions and complexities, for
example, if you can claim that when something was titled in your name it was
meant to be separate property as a gift, or part of an enforceable property
agreement between you and your spouse, then title is evidence of that
agreement.Or if an inherited house,
that would normally be separate property, is titled in both spouses’ names,
that can be evidence that the intention was to gift the property to the
community, by the deceased or by the inheriting spouse.

This little sample is not legal advice.It is simply a reminder to seek legal counsel
in the face of very complex legal rules.For help understanding these complexities in the laws of Washington
State, call Mason Law in Spokane at (509) 443-3681.

Wednesday, February 5, 2020

Domestic Violence Protection (DVP) orders under RCW 26.50
serve an important part in protecting a spouse, or even a former romantic
partner from misbehavior of the other party, from violence and threats of
violence. Beware because they are also misused for the purpose of gaining a
strategic advantage in a divorce, especially in regards to children.This is unfortunate, because then genuine
threats can be dismissed as merely litigation strategy.There are “false negatives” and “false
positives” all too often when our over-burdened courts make the wrong call.

These DVP orders usually are first issued “ex parte.”That means without notice to the other person
until he or she is served with the proper papers.Normally a hearing will be set within 14 days
from the ex parte order being granted by the court, so that the restrained
person has an opportunity to present his or her side of the story.

If these orders are violated, the penalties are severe.They range from a gross misdemeanor to a
class C felony. Even if you are
completely innocent of the alleged domestic violence, you must obey the order
unless it is changed in the full hearing.To prepare for that hearing, as the person bringing the petition, or as
the person defending against a petition, you need strong legal representation
to prepare your facts for the court.

Craig Mason and his team at Mason Law in Spokane,
Washington, will be able to help you fully prepare for court, so that your
story is heard. Call Mason Law for a consultation at (509) 443-3681 today.

Tuesday, January 7, 2020

If your family has been disrupted by divorce, or a break-up
between any pair of parents, in 2019, the underage children get caught in the
middle. Washington State courts will probably give you substantial time with
your children if you do not have behavioral, criminal, or drug problems.So, hire a capable family attorney if your
former significant other says: “I will take the kids from you.”

Legally speaking, it is in the best interests of the kids to
be raised by both parents on terms that most match what went on before the
break up, and that is what the court is required, by statute, to arrange.Some attorneys will promise your angry
ex-spouse that they can get "sole custody," and keep you from your
children.They may even try to convince
the court that your presence is harmful to the children!

If your break-up or divorce takes this unfortunate turn,
Spokane family lawyer, Craig Mason, routinely fights back against such
outlandish, and damaging, attempts to keep you from your children.He has years of experience in helping people
just like you prepare and present the real facts, and in developing the
relevant witness statements, to defeat such attempts to deprive you of
participating in the lives of your children.Call Spokane Family lawyer Craig Mason at (509) 443-3681.